South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Monday, March 12, 2001(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 11:00 a.m.
Deliberations were opened with prayer by Rep. WITHERSPOON as follows:

O God our Father, as we seek to find our way through the demands of our day, make us mindful of Your presence, eager to do Your will, and ready to carry our responsibilities with honor to our offices, to our State, and to our Father God. Give us clarity of vision to do what we ought to do, the courage to do it, and the faith to keep us steadfast. May we be possessed with lofty principles and sustained by noble ambitions. Grant us wisdom for the facing tasks and courage for the living of these days. Keep our faith steady, our hope stable, and our good will strong. And to You, Lord, we give our praise and thanksgiving. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. COLEMAN moved that when the House adjourns, it adjourn in memory of Doreatha Williams McKee of Blair, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Joe Neal's wife as she recovers from surgery.

SILENT PRAYER

The House stood in silent prayer for Mayor Martin C. Cheatham of Orangeburg who passed away today.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 7, 2001
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Kershaw County Master-in-Equity
Term Commencing: June 30, 2001
Term Expiring: June 30, 2007
Seat: Master-in-Equity

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 140 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AND NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND HOSPITALS AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2002.
The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3692 (Word version) -- Reps. Simrill and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY WHEN AN AUTOMOBILE ACCIDENT OCCURS, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.
Referred to Committee on Labor, Commerce and Industry

H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach and Robinson: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Referred to Committee on Judiciary

H. 3694 (Word version) -- Reps. Limehouse, Whatley, Scarborough and A. Young: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Referred to Committee on Judiciary

H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Referred to Committee on Judiciary

H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
Referred to Committee on Ways and Means

H. 3697 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION MEMBERSHIP ON JULY 1, 2001, WITH THREE MEMBERS APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION AND FOUR MEMBERS APPOINTED BY THE CHAIRMEN OF THE HOUSE AND SENATE JUDICIARY COMMITTEES, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2001.
Referred to Committee on Judiciary

H. 3698 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 16-17-495, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD OUT OF STATE WITH THE INTENT OF VIOLATING A CUSTODY ORDER, SO AS TO PROVIDE THAT, IF LAW ENFORCEMENT HAS PROBABLE CAUSE TO BELIEVE A CHILD HAS BEEN TAKEN FROM HIS LEGAL CUSTODIAN AND IS IN A SPECIFIC LOCATION, LAW ENFORCEMENT MAY SEEK A WARRANT TO RECOVER THE CHILD FROM THAT LOCATION OR, IF THE CHILD IS IN DANGER, MAY ENTER THE LOCATION WITHOUT A WARRANT TO RECOVER THE CHILD; TO PROVIDE THAT IF A COURT HAS MADE A DETERMINATION OF CUSTODY, THE COURT'S ORDER MUST BE SHOWN TO LAW ENFORCEMENT AS EVIDENCE OF WHO IS THE LEGAL CUSTODIAN OF THE CHILD; AND TO PROVIDE THAT KNOWINGLY GIVING FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER SEEKING TO CARRY OUT THE PROVISIONS OF THIS SECTION IS A CRIMINAL OFFENSE.
Referred to Committee on Judiciary

S. 102 (Word version) -- Senators Hutto, Ford, Reese, Hayes and Branton: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 218 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-27-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF STATE GENERAL OBLIGATION BONDS, SO AS TO PROVIDE FOR THE METHODS OF ADVERTISING THE SALE OF THE BONDS, TO ALLOW THE STATE BUDGET AND CONTROL BOARD TO RECEIVE BIDS FOR THE BONDS IN A FORM THE BOARD DETERMINES, AND TO ALLOW THE PRIVATE SALE OF BONDS IF NO BIDS ARE RECEIVED OR IF ALL BIDS ARE REJECTED.
Referred to Committee on Ways and Means

S. 398 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 40-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION BY COURT OFFICIALS, LAW ENFORCEMENT OFFICERS, AND THE DEPARTMENT OF CONSUMER AFFAIRS OF RECORDS MAINTAINED BY PAWNBROKERS, SO AS TO PROVIDE THAT RECORDS AND COPIES OF RECORDS REGARDING DESCRIPTIONS OF ITEMS PAWNED MUST BE CLEAR AND LEGIBLE AND THAT RECORDS MUST BE PRESERVED AND MADE AVAILABLE FOR A PRESCRIBED PERIOD OF TIME, AND TO PROVIDE CIVIL FINES FOR VIOLATIONS OF RECORDKEEPING DUTIES.
Referred to Committee on Labor, Commerce and Industry

S. 413 (Word version) -- Senators Wilson, Leatherman and Giese: A JOINT RESOLUTION TO EXEMPT FROM MOTOR VEHICLE TITLING, LICENSING, AND REGISTRATION LAWS MOTOR VEHICLES PROVIDED FOR PROMOTIONAL PURPOSES BY AN AUTOMOBILE MANUFACTURER IN CONNECTION WITH A NATIONALLY-SPONSORED NASCAR RACING EVENT HELD IN THIS STATE IN 2001.
On motion of Rep. JENNINGS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.

DOCTOR OF THE DAY

Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3685 (Word version) -- Reps. Hayes and M. Hines: A BILL TO AUTHORIZE SCHOOL DISTRICTS 1, 2, AND 3 OF DILLON COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

S. 235 (Word version) -- Senators McConnell and Branton: A BILL TO AMEND SECTION 30-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF A PUBLIC MEETING, SO AS TO ALLOW THOSE IN ATTENDANCE TO VIDEO TAPE A PUBLIC MEETING.

Rep. MCGEE explained the Bill.

H. 3286 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 34-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT IN DRAWING CHECKS AND SERVICE CHARGES FOR DRAWING FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGE ON CHECKS OF ONE HUNDRED DOLLARS OR LESS FROM TWENTY-FIVE DOLLARS TO THIRTY DOLLARS.

Rep. HARRISON explained the Bill.

H. 3048--DEBATE ADJOURNED

Rep. CAMPSEN moved to adjourn debate upon the following Bill until Tuesday, March 20, which was adopted:

H. 3048 (Word version) -- Reps. Campsen, Delleney, Littlejohn, Davenport, Altman, Clyburn, Simrill, Owens, Robinson, Loftis, Leach, Hamilton, Vaughn and Knotts: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-1-460 SO AS TO ENACT THE "SOUTH CAROLINA RELEASED TIME FOR RELIGIOUS AND CHARACTER EDUCATION ACT OF 2001" TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A POLICY THAT AUTHORIZES A STUDENT TO BE EXCUSED FROM SCHOOL TO ATTEND A CLASS IN RELIGIOUS OR CHARACTER INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.

H. 3515--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3515 (Word version) -- Reps. Sandifer, Robinson, Allison, Altman, Askins, Barfield, Barrett, Bingham, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Dantzler, Harrell, Huggins, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Martin, Meacham-Richardson, J. M. Neal, Phillips, Rice, Riser, Simrill, D. C. Smith, W. D. Smith, Snow, Talley, Taylor, Thompson, Trotter, Walker, Whipper, Wilder, A. Young, McLeod, Davenport, Emory, Sinclair and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-235 SO AS TO PROVIDE THAT A NONRESIDENT EMBALMER OR FUNERAL DIRECTOR MAY BE LICENSED IN THIS STATE IF THE LICENSURE REQUIREMENTS OF HIS STATE ARE SUBSTANTIALLY SIMILAR TO REQUIREMENTS OF THIS STATE AND TO REQUIRE FIVE YEARS OF PRACTICE AND PASSAGE OF AN EXAMINATION FOR LICENSURE WHEN THE LICENSURE REQUIREMENTS IN ANOTHER STATE ARE NOT SUBSTANTIALLY SIMILAR TO REQUIREMENTS IN THIS STATE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH PERMIT REQUIREMENTS FOR FUNERAL HOMES, BRANCH FUNERAL HOMES, RETAIL SALES OUTLETS, AND CREMATORIES; TO AMEND SECTION 40-19-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE, SO AS TO REQUIRE ALL FUNERAL DIRECTORS AND EMBALMERS SERVING ON THE BOARD TO BE FULL-TIME EMPLOYEES OF A FUNERAL ESTABLISHMENT; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE, AMONG OTHER DEFINITIONS, "BRANCH FUNERAL HOME", "DISPOSITION", AND "MANAGER" AND TO DEFINE ADDITIONAL TERMS; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR MISCONDUCT, SO AS TO PROHIBIT SOLICITING THE SALE OF FUNERAL MERCHANDISE AND TO CLARIFY OTHER GROUNDS; TO AMEND SECTION 40-19-230, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO CHANGE THE ACCREDITING BODY FOR EMBALMING COLLEGES AND TO CONFORM PROVISIONS TO THE REVISED LICENSURE REQUIREMENTS FOR OUT-OF-STATE EMBALMERS AND FUNERAL DIRECTORS; TO AMEND SECTION 40-19-270, RELATING TO PERMITS AND INSPECTIONS OF FUNERAL ESTABLISHMENTS AND CREMATORIES, SO AS TO APPLY CERTAIN OF THESE PROVISIONS TO RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280, RELATING TO THE REQUIREMENT THAT A PERSON BE LICENSED TO HOLD HIMSELF OUT AS PRACTICING FUNERAL SERVICE OR OPERATING A FUNERAL ESTABLISHMENT, SO AS TO APPLY THIS LICENSURE REQUIREMENT TO A PERSON OPERATING A CREMATORY OR A RETAIL SALES OUTLET; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION AND EXPENSES TO CLIENTS BY FUNERAL ESTABLISHMENTS, SO AS TO ALSO REQUIRE CREMATORIES TO DISCLOSE SUCH INFORMATION AND EXPENSES TO ITS CLIENTS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11331AC01), which was adopted:
Amend the bill, as and if amended, the first paragraph of Section 40-19-10, page 4 by deleting lines 21-22 and inserting /appointment and must be actively employed or actively engaged in the funeral service profession. all members must have been residents of this State/ So when amended the first paragraph of Section 40-19-10 reads:
/There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment and must be actively employed or actively engaged in the funeral service profession. All members must have been residents of this State for not fewer than five years preceding the date of their appointment. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CHELLIS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3366--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ AMEND\11318AC01), which was adopted:
Amend the bill, as and if amended, Section 27-32-55 page 1, line 34 by deleting /a marketing/ and inserting /an up-front marketing/ so when amended Section 27-32-55 reads:
/Section 27-32-55. No owner of an interest in a vacation time-sharing unit as such term is defined in Section 27-32-10(10) may be charged an up-front appraisal fee for the resale of his ownership interest but instead may only be charged an upfront marketing fee or commission upon the resale of the unit in an amount stipulated by written agreement between the owner and his sales agent.

Any person violating the provisions of this section is deemed to have committed an unfair trade practice under Section 39-5-20 and is subject to all penalties and remedies provided by law for this violation./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CATO explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\ 4139MM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:

"Section 58-3-230. (A) A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, may not submit a change request for a customer's utility service until the customer's authorization for the change is obtained by using marketing or anti-slamming guidelines approved by the appropriate federal and state regulatory agencies. In the case of utilities defined by Section 58-9-10, the appropriate regulatory agencies are the Federal Communications Commission and the South Carolina Public Service Commission. If a utility other than that directly receiving the customer authorization subsequently effects the change into billing or operational systems, it is not:

(1) required to secure additional customer authorization; and

(2) liable pursuant to this section for errors, omissions, or unauthorized changes submitted by the utility originating the request.

(B) A utility defined in Sections 58-5-10 and 58-27-10 that violates subsection (A) is liable to the customer for all charges incurred by the customer, in excess of those normally incurred through his designated provider, during the period of the unauthorized change.

(C) A utility defined in Section 58-9-10 that violates subsection (A) is liable as specified in Federal Communications Commission guidelines promulgated pursuant to the United States Code of Laws, Chapter 1, Title 47.

(D) A utility that willfully or knowingly violates the provisions of subsection (A) is subject to a fine of not less than two thousand dollars nor more than ten thousand dollars for each violation. The fines must remain with the commission."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. SANDIFER explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3403--POINT OF ORDER

The following Bill was taken up:

H. 3403 (Word version) -- Reps. Harrison and Rodgers: A BILL TO AMEND SECTION 56-5-5640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN ABANDONED VEHICLES, SO AS TO PROVIDE THAT A SHERIFF'S OR CHIEF OF POLICE'S DESIGNEE MAY SELL AN ABANDONED VEHICLE AT A PUBLIC AUCTION.

Rep. KIRSH moved to adjourn debate on the Bill until Tuesday, March 20.

Rep. MCGEE moved to table the motion, which was agreed to.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

REGULATION NO. 2577--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CATO, with unanimous consent, Regulation No. 2577 was ordered recalled from Committee on Labor, Commerce and Industry and referred to Committee on Medical, Military, Public and Municipal Affairs.

REGULATION NO. 2605--RECALLED AND REFERRED TO COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. CATO, with unanimous consent, Regulation No. 2605 was ordered recalled from Committee on Labor, Commerce and Industry and referred to Committee on Medical, Military, Public and Municipal Affairs.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. HARRELL moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.

Rep. HARRELL moved that the General Appropriation Bill be considered section by section, beginning with Part IA, which was agreed to.

MOTION ADOPTED

Rep. HARRELL moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

STATEMENT BY REP. HARRELL

Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

PART IASECTION 2

Section 2 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5E

Section 5E was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5MA

Section 5MA was adopted.

SECTION 5MC

Section 5MC was adopted.

SECTION 6

Section 6 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 35--AMENDED AND DEBATE ADJOURNED

Reps. HARRELL, ROBINSON, WILKINS and COBB-HUNTER proposed the following Amendment No. 5 (Doc Name h-wm\006\l35base4.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 35, COMMISSION ON INDIGENT DEFENSE, page 226, line 33, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. SCOTT raised the Point of Order that Amendment No. 5 was out of order in that it was in violation of Rule 5.3A. He stated that in accordance with the rule, a certificate from the Budget Division of the State Budget and Control Board stating the total of the appropriations in the proposed amendment is not in excess of the estimated total revenue of the State.
SPEAKER WILKINS stated that the amendment was not in violation of the Rule 5.3A in that the Bill had a certificate stating that it was in balance as passed by the Ways and Means Committee. He stated that after second reading and before its consideration on third reading another updated certificate would be required. He therefore overruled the Point of Order.

Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.

Rep. J. E. SMITH moved to adjourn debate on the section, which was agreed to.

SECTION 38--AMENDED AND ADOPTED

Reps. ROBINSON, LIMEHOUSE and COBB-HUNTER proposed the following Amendment No. 92 (Doc Name h-wm\ 005\ppp76fteline.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, page 252, after line 6, by inserting a new line:

Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Section 38, as amended, was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42--AMENDED AND ADOPTED

Rep. A. YOUNG proposed the following Amendment No. 93 (Doc Name h-wm\009\psc fte.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 42, PUBLIC SERVICE COMMISSION, page 267, immediately after line 12, by inserting a new line to read:

Column 5 Column 6
Auditors (2.00)
Amend the bill further, as and if amended, page 267, immediately after line 24, by inserting a new line to read:

Rep. A. YOUNG explained the amendment.
The amendment was then adopted.

Section 42, as amended, was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 53A

Section 53A was adopted.

SECTION 54C

Section 54C was adopted.

SECTION 54D

Section 54D was adopted.

SECTION 54E

Section 54E was adopted.

SECTION 54F

Section 54F was adopted.

SECTION 54G

Section 54G was adopted.

SECTION 54H

Section 54H was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56D

Section 56D was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63F

Section 63F was adopted.

SECTION 63H

Section 63H was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67--AMENDED AND ADOPTED

Reps. HARRELL, ROBINSON, WILKINS, COATES and W.D. SMITH proposed the following Amendment No. 6 (Doc Name h-wm\006\67sfb3.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 67, DEBT SERVICE, page 384, line 7, opposite /State School Facilities Bonds/ by decreasing the amount(s) in Columns 5 and 6 by:

Rep. STILLE proposed the following Amendment No. 69 (Doc Name h-wm\003\sde buses 5m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, line 37, opposite /bus purchases/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 45 to 31.

Rep. GOVAN proposed the following Amendment No. 119 (Doc Name h-wm\007\govan 13-39.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 39, by striking / alloc eia-hndcap std srvc/ and inserting / srvc std disab/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.
The amendment was then adopted.

Rep. STILLE proposed the following Amendment No. 63 (Doc Name h-wm\007\stille1.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 16, line 28, opposite /National Board Certification/ by decreasing the amount(s) in Column 5 by:

Column 5 Column 6

15,243,507
Amend the bill further, as and if amended, page 13, line 7, opposite /Local School Innovation Funds/ by increasing the amount(s) in Column 5 by:

Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 62 to 15.

Reps. MACK, J. E. SMITH, MILLER, LLOYD and GOURDINE proposed the following Amendment No. 35 (Doc Name council\nbd\amend\11360mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 20, line 6, opposite /Teacher salary and fringes/ by increasing the amount(s) in Columns 5 and 6 by:

Reps. MACK, J.E. SMITH, MILLER and LLOYD proposed the following Amendment No. 36 (Doc Name council\swb\ 5229mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 20, line 6, opposite /Teacher salary and fringes/ by increasing the amount(s) in Columns 5 and 6 by:

Reps. MACK, J. E. SMITH, MILLER, LLOYD and GOURDINE proposed the following Amendment No. 55 (Doc Name council\DKA\amend\4163mm01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 20, line 6, opposite /Teacher salary and fringes/ by increasing the amount(s) in Columns 5 and 6 by:

Reps. BATTLE and MILLER proposed the following Amendment No. 49 (Doc Name council\nbd\amend\11372ac01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 21, line 8, opposite /technology initiative/ by increasing the amount(s) in Columns 5 and 6 by:

Reps. EMORY, OTT and MCLEOD proposed the following Amendment No. 46 (Doc Name council\bbm\amend\10006htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 22, line 30, opposite /S. C. First Steps/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. JENNINGS proposed the following Amendment No. 192 (Doc Name h-wm\007\jennings.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 21, line 8, opposite / Technology Initiative/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. KENNEDY proposed the following Amendment No. 56 (Doc Name council\skb\amend\18272som01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 21, line 8, opposite /Technology Initiative/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5 Column 6

10,700,000 10,700,000
Amend the bill further, as and if amended, page 22, line 30, opposite /S. C. First Steps/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. STILLE proposed the following Amendment No. 27 (Doc Name h-wm\008\stilleche.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 38, line 13, opposite /Performance Funding/ by decreasing the amount(s) in Columns 5 and 6 by:

Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 53 to 20.

Rep. DANTZLER proposed the following Amendment No. 193 (Doc Name h-wm\008\srebdant.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5A, COMMISSION ON HIGHER EDUCATION, page 35, line 29, opposite /SREB CONT PRO SCHOLA/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. DANTZLER explained the amendment.
The amendment was then adopted.

Section 5A, as amended, was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5C

Section 5C was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5H--ADOPTED

Reps. CARNELL, KLAUBER, PARKS, TAYLOR and WILDER proposed the following Amendment No. 32 (Doc Name h-wm\008\lander800.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5H, LANDER UNIVERSITY, page 57, line 14, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Reps. BREELAND and J. HINES proposed the following Amendment No. 132 (Doc Name h-wm\007\bree2.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 58, line 15, opposite /Transportation Center/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. GOVAN proposed the following Amendment No. 173 (Doc Name h-wm\001\scstate 1.3m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 58, line 15, opposite /Transportation Center/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5 Column 6

500,000 500,000
Amend the bill further, as and if amended, page 58, after line 18, in Columns 5 and 6 by adding:

Rep. KEEGAN spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 54 to 37.

Rep. BOWERS proposed the following Amendment No. 155 (Doc Name council\nbd\amend\11369std01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5J, SOUTH CAROLINA STATE UNIVERSITY, page 59, line 39, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. RODGERS proposed the following Amendment No. 103 (Doc Name h-wm\008\rogers usc b.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KD, USC BEAUFORT, page 70, line 22, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5 Column 6

281,319 281,319
Amend the bill further, as and if amended, page 69, line 8, opposite /other personal services/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. BOWERS proposed the following Amendment No. 107 (Doc Name h-wm\008\bowersbea.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KD, USC - BEAUFORT CAMPUS, page 70, line 22, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

The SPEAKER granted Rep. WILDER a leave of absence for the remainder of the day.

Rep. BOWERS continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. BOWERS continued speaking.
Rep. BOWERS spoke in favor of the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to.

Rep. BOWERS proposed the following Amendment No. 109 (Doc Name council\swb\amend\5222sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KD, USC - BEAUFORT CAMPUS, page 70, line 22, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. BOWERS proposed the following Amendment No. 105 (Doc Name council\swb\amend\5223sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KE, USC - LANCASTER CAMPUS, page 72, line 25, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. BOWERS explained the amendment.
Rep. EMORY spoke in favor of the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to.

Section 5KE was adopted.

SECTION 5KF--ADOPTED

Rep. BOWERS proposed the following Amendment No. 108 (Doc Name h-wm\008\bowerssal.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KF, USC - SALKEHATCHIE CAMPUS, page 74, line 21, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. BOWERS proposed the following Amendment No. 101 (Doc Name council\swb\amend\5225sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KG, USC - SUMTER CAMPUS, page 76, line 25, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. BOWERS proposed the following Amendment No. 106 (Doc Name council\swb\amend\5226sd01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KH, USC - UNION CAMPUS, page 78, line 21, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. FLEMING proposed the following Amendment No. 123 (Doc Name h-wm\008\fleming usc u.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5KH, USC UNION, page 78, line 24, opposite /base reduction/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. RODGERS proposed the following Amendment No. 102 (Doc Name h-wm\008\rodgers tec.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 5N, TECHNICAL & COMPREHENSIVE EDUCATION BOARD, page 87, immediately after line 34, by inserting a new line to read:

Column 5 Column 6
Technical
College of the
Low Country 1,000,000 1,00,000
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RODGERS explained the amendment.

Rep. KEEGAN moved to table the amendment, which was agreed to.

Section 5N was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8--ADOPTED

Rep. LOURIE proposed the following Amendment No. 66 (Doc Name h-wm\006\hhs-child health ins.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 100, line 19, opposite /child health insurance/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. LLOYD proposed the following Amendment No. 33 (Doc Name h-wm\002\hhs medicaid -24m.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 102, line 22, opposite /2000-01 Non-Recur./ by decreasing the amount(s) in Column 5 by:

Rep. COBB-HUNTER proposed the following Amendment No. 200 (Doc Name h-wm\002\cobb-hunter hearing#.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPT. OF HEALTH AND HUMAN SERVICES, page 102, lines 18-19, opposite /Home & Community Based Services for Seniors/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5 Column 6

2,400,000 2,400,000
Amend the bill further, as and if amended, page 102, line 20, opposite /Ombudsman/ by increasing the amount(s) in Columns 5 and 6 by:

Reps. EMORY, OTT and MCLEOD proposed the following Amendment No. 190 (Doc Name bbm\amend\10024htc01.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 100, line 4, opposite /Hospital Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5 Column 6

7,700,000 7,700,000
Amend the bill further, as and if amended, page 100, line 7, opposite /Pharmaceutical Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5 Column 6

8,000,000 8,000,000
Amend the bill further, as and if amended, page 100, line 8, opposite /Physician Services/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5 Column 6

5,000,000 5,000,000
Amend the bill further, as and if amended, page 100, line 12, opposite /Other Medicaid Services/ by increasing the amount(s) in Columns 5 and 6 by:

Rep. LOURIE proposed the following Amendment No. 124 (Doc Name h-wm\006\dhec-nbh state.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section 9, DEPT. OF HEALTH AND ENVIRONMENTAL CONTROL, page 115, line 18, opposite /Hearing Screenings/ by increasing the amount(s) in Columns 5 and 6 by: